GORKHARAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) By this revision, the petitioner-convict is challenging the judgment dtd. 15/7/2016 passed by the learned Additional Sessions Judge No.1, Jodhpur Metropolitan in Criminal appeal No. 6/2015 whereby, the appeal filed by the petitioner against the judgment dtd. 9/1/2015 passed by Metropolitan Magistrate, Jodhpur Metropolitan in Criminal Case No. 30/2009 convicting the petitioner for offence under Sec. 332 and 353 IPC was upheld, but granted him the benefit of probation under Sec. 4 of Probation of Offenders Act.

(2.) Succinctly stated, the facts apposite are that on 21/11/2008, the complainant Shesha Ram lodged a written report (Ex.P/6) at Police Station Basni, Jodhpur stating therein that on 20/11/2008, he alongwith Pukhraj, on the directions of SHO, went for service of standing warrant on Sukhdev at Sangariya Phanta. When they reached Sangariya Phanta, they saw accused Sukhdev sitting on a tractor. When they apprehended Sukhdev, Kalu Ram came there armed with Dhariya and assualted Pukhraj on his back with Dhariya. At that time, another person who came with Kalu Ram caught hold of the complainant from back and freed Sukhdev. After freeing, Gorkha Ram came on a motor cycle and took Sukhdev with him.

(3.) On the basis of the written report, FIR No. 342/2008 was registered against the accused persons including the petitioner for offence under Ss. 4/25 of Arms Act and 332, 353 IPC. After investigation, police submitted chargesheet against the accused persons for aforesaid offences. The learned trial court thereafter, framed charges against the petitioner for offence under Sec. 332, 353 IPC. The accused petitioner denied the charges. Upon denial to all the charges, the learned trial Court put them on trial.